What is the effect of a motion for approval of a settlement by the probate court and a surety's motion for a lien on the settlement proceeds?

Since we have determined the motion for approval of the settlement by the probate court was premature, we also determine that the surety's motion for a lien on the settlement proceeds was premature. A party having only a prospective right of subrogation is not entitled to a lien on settlement proceeds. ( Hausmann v. Farmers Ins. Exchange, supra, 213 Cal.App.2d 611, 615, 29 Cal.Rptr. 75.) From our determination that the orders approving the settlements must be reversed, it follows that the requests for sanctions for filing of a frivolous motion and a frivolous appeal are meritless.